DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NDA Australia Pty Ltd T/A NDA
(AG2015/4829)

NDA AUSTRALIA (LIGHT FABRICATION) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the NDA Australia (Light Fabrication) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the NDA Australia (Light Fabrication) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NDA Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

NDA Australia Pty Ltd T/A NDA sought approval for the NDA Australia (Light Fabrication) Enterprise Agreement 2015, which was filed under section 178 of the Fair Work Act 2009. The application was made to the Fair Work Commission, which heard the matter and was required to decide whether the agreement met the criteria for approval under the Act. The primary issue was whether the agreement contained the necessary protections for employees and whether it complied with the statutory requirements for enterprise agreements.

The Fair Work Commission examined the agreement to ensure it provided for the appropriate minimum entitlements, such as minimum wages, penalty rates, leave entitlements, and notice of termination. The Commission also considered whether the agreement contained appropriate dispute resolution procedures. In reaching its decision, the Commission took into account the views of the parties involved, including the employer and the employees, and any other relevant factors. The Commission found that the agreement met the requirements of the Act and contained the necessary protections for employees.

Having determined that the agreement was compliant with the statutory requirements, the Fair Work Commission approved the NDA Australia (Light Fabrication) Enterprise Agreement 2015. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions set out in the agreement, rather than the applicable award or general protections provided by the Fair Work Act 2009. This outcome provides certainty and stability for both the employer and the employees involved.

NDA Australia Pty Ltd T/A NDA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established